Last Modified: October 7, 2015
2. Changes to the Terms
We may revise these Terms from time-to-time in our sole discretion, and the most current version will always be posted on our website at http://medeligo.com/terms-of-service/. If, in our sole discretion, we deem a revision to be material, we will notify you. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you must stop using the Services.
The Services are intended to be used by medical professionals only and are in no way designed to be used by any person who is not a medical professional. No information provided by using the Services is intended to recommend a specific course of treatment or medical advice of any kind.
4. Reliance on Information Posted and Query Results
The information presented on or through the Services is made available solely for general research and information purposes. Some information presented on the Services may represent medical opinions that are experimental or not widely accepted in the medical field in the United States. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of its contents.
The Services include content provided by third parties, including materials provided by syndicators, aggregators, search engines and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties or the accuracy or completeness of any queries conducted.
5. Links from the Website
The App and the Website may include links to other sites and resources provided by third parties such as advertisements, including banner advertisements and sponsored links. Such links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We are not responsible for your use of such websites, including if your use violates such website’s terms and conditions. You may be required by such third party sites to enter credentials or make payments to view additional information. LiveMed is not responsible for such information entered or payments made while accessing such third party sites.
6. Accessing the Services and Account Security
To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. Please provide correct, current and complete information. You will be responsible for all activity associated with your account, including any fees incurred. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
7. Terms of Sale
LiveMed may offer from time-to-time certain premium features for a fee, such as a Personal Search Concierge (“PSC”) Service. Your use of any paid Services constitutes your agreement to pay for any amounts and you authorize us to charge to your credit card for such Services. Such payments, once authorized, are final and non-refundable. We reserve the right, at any time to change and/or increase the fees for access to portions of the Service or the Service as a whole, at the sole discretion of LiveMed and upon reasonable notice posted in advance on the App or Website.
8. Geographic Restrictions
The owner of the Website is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
9. Intellectual Property Rights / Our License to You
With the exception of User Contributions (defined below), the Services and all related contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof in), are owned by LiveMed, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. LiveMed’s name, the company logo and all related names, logos, product and service names, designs and slogans are trademarks of LiveMed or its affiliates or licensors. You must not use such marks without the prior written permission of LiveMed. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
Subject to these Terms and our policies, including the Acceptable Use Policy, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services.
10. Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access thereto) from the Services by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
LiveMed Media LLC
Attn: Jill Wiercioch
3700 N Lakeshore Dr, Unit A102
Chicago, IL 60613
It is our policy, in appropriate circumstances, to disable and/or terminate the accounts of users who are repeat infringers.
11. User Contributions
Anything that you submit for processing through the Services or otherwise transmit or make available on our Services are referred to as “User Contributions.” You retain all rights in, and are solely responsible for, the User Contributions you transmit using the Services. All User Contributions must comply with the Terms, including, but not limited to, the Acceptable Use Policy set forth below.
We reserve the right to block, remove or modify User Contributions for any reason, including User Contributions that we believe violates these Terms or our policies. We may retain your User Contributions for a commercially reasonable period of time for backup, archival, or audit purposes.
You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns and that all of your User Contributions will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not LiveMed, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions provided by you or any other user of the Services.
12. Acceptable Use Policy
(a) Prohibited Activities. You agree not to engage in any of the following prohibited activities:
- Access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;
- Attempt to probe, scan, or test the vulnerability of any LiveMed system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by LiveMed or any of our providers or any other third party (including another user) to protect the Services or any related content;
- Attempt to use the Services to send any unsolicited or unauthorized spam, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing;
- Attempt to use the Services to interfere with or disrupt any third party’s server, host, or network, including, without limitation, through sending a virus, overloading, flooding, spamming, mail-bombing, or conducting directed denial of service attacks.
- Violate any applicable law or regulation;
- Take any action that may cause us to lose any of our services from our internet service providers, payment processors, or other suppliers;
- Access or use the Services in, or in association with, the design, construction, maintenance, operation of any hazardous environments, systems or applications, any safety response systems or other safety-critical applications, or any other use or application in which the use or failure of the Services could lead to personal injury or severe physical or property damage; or
- Encourage or enable any other individual to do any of the activities prohibited in this Acceptable Use Policy.
(b) Prohibited Data. You acknowledge that the Services are not designed with security and access management for processing the following categories of information: (a) “nonpublic personal information” as defined under the Gramm-Leach-Bliley Act, “protected health information” as defined under the Health and Insurance Portability and Accountability Act of 1996, “Personal Data” as defined in the EU Data Protection Directive (Directive 95/46/EEC), and “Personal Information” as defined under the Children’s Online Privacy Protection Act of 1998, and all rules and regulations issued under any of the foregoing; (b) data that is classified and or used on the U.S. Munitions list, including software and technical data; (c) articles, services and related technical data designated as defense articles or defense services; and (d) ITAR (International Traffic in Arms Regulations) related data, (each of the foregoing, “Prohibited Data”). You may not, and may not permit any other person to, provide any Prohibited Data to, or process any Prohibited Data through, the Services. You are solely responsible for reviewing all User Contributions and will ensure that no User Contributions constitutes or contains any Prohibited Data.
LiveMed will not be held liable for the violation of the above terms or any other illegal activity.
13. Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICE OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LIVEMED NOR ANY PERSON ASSOCIATED WITH LIVEMED MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER LIVEMED NOR ANYONE ASSOCIATED WITH LIVEMED REPRESENTS OR WARRANTS THAT THE SERVICE OR ANY INFORMATION PROVIDED ON THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. LIVEMED HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Limitation on Liability
IN NO EVENT WILL LIVEMED, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL LIVEMED’S AGGREGATE LIABILITY EXCEED THE AMOUNT YOU HAVE PAID FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE DATE ANY CLAIM ARISES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, hold harmless and indemnify LiveMed from and against any and all losses, costs, expenses, damages or other liabilities incurred by LiveMed from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against LiveMed: (a) in connection with your use of the Services; or (b) your decision to transmit any User Contributions using the Services. Any such indemnification is conditioned on our: (x) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (y) cooperating with you in the defense or settlement thereof; and (z) allowing you to control such defense or settlement. We will be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
16. Governing Law and Jurisdiction
All matters relating to the Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), are governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms or the website may be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois in each case located in the City of Chicago and Cook County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Our Services are controlled and operated from the United States, and we make no representations that it is appropriate or available for use in other locations.
17. Agreement to Arbitrate.
If any controversy, allegation, or claim arises out of or relates to the Services, the website, or these Terms, including, but not limited to, claims for indemnification, contribution, or cross-claims in a pending action involving one or more third parties (collectively, a “Dispute”), then either you or LiveMed may elect to submit the Dispute to be finally and exclusively resolved by binding arbitration before a sole arbitrator in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. If an in-person arbitration hearing is required, then it will be conducted in Chicago, Illinois; but if the applicable arbitration rules or laws require the arbitration to be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration, LiveMed will have the right to elect to proceed to arbitration in such location. If the value of the relief sought is $10,000 or less, you or LiveMed may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and LiveMed subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or LiveMed, unless the arbitrator requires otherwise.
All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. You and LiveMed will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require LiveMed to pay a greater portion or all of such fees and costs in order for this Section 15 to be enforceable, then LiveMed will have the right to elect to pay the fees and costs and proceed to arbitration.
In arbitration, as with a court, the arbitrator must honor the terms of these Terms and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (i) THERE IS NO JUDGE OR JURY, (ii) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (iii) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES OR IT WILL BE FOREVER BARRED.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT NO ARBITRATION MAY BE JOINED WITH ANY OTHER; THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A REPRESENTATIVE OR CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
18. Waiver and Severability. No waiver by LiveMed of any term or condition set forth in these Terms are a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of LiveMed to assert a right or provision under these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
20. Your Comments and Concerns. All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to email@example.com.